EPILEPSY IN THE WORKPLACE

32 Taking Action Against Epilepsy™ E-Action.ca

EPILEPSY IN THE WORKPLACE

A Matter of Human Rights Epilepsy is considered a disability under Human Rights legislation. This means an employer cannot discriminate against an employee with epilepsy. For example, an employer cannot dismiss someone only because of his or her epilepsy unless the employee cannot perform his or her job because of seizures and the employer cannot provide alternate work or make accommodations without enduring “undue hardship”.

Just what qualifies as “undue hardship”, however, is a bit of a sticky issue. Thomas Stefanik, a Labour Relations expert and partner at Torkin Manes LLP, explains that undue hardship can mean a number of different things. “It usually involves an argument that the employer cannot assist the employee in doing his or her job, regardless of how the job has been modified” says Stefanik. In some cases it has meant that the employer cannot accommodate an employee’s request for modified hours of employment because the hours don’t fit within the business’ model, for example. The Canadian Human Rights Act doesn’t flat-out define undue hardship, either, but notes that “health, safety and cost” would all be factors in determining its presence.

Communication is key in Dispute ResolutionFrom Stefanik’s experience, cases where companies complain of “undue hardship” are rare. Instead, in most cases, there’s simply a lack of communication between the employee and his or her employer about mutual expectations for accommodation. Once that hurdle is overcome and the conversation is rolling, however, things move quickly towards a settlement both parties can be comfortable with.

To help get a constructive conversation started with an employer, Stefanik recommends that people with epilepsy get their doctor to write a letter to their employer outlining specifically how they can be accommodated. Accommodation might be as simple as reassigning someone who can no longer drive to an office position, or designating a quiet room for rest and recovery after a seizure.

The Canadian Human Rights Act can be downloaded at: http://laws-lois.justice.gc.ca/eng/acts/h-6/

…all individuals should have an opportunity…to make for themselves the lives that they are able to and wish

to have, and to have their needs accommodated… without being hindered in or prevented from doing so

by discriminatory practices based on…disability.

“ ”— Canadian Human Rights Act

IN THE

According to a recent Leger Marketing study*, maintaining employment ranks

among the top five concerns for people living with epilepsy – and it seems the

less control you have over your condition, the greater the concern.

Telling your employer and/or colleagues about your epilepsy may mean that

you have to deal with misconceptions and old wives’ tales. But it certainly does

not mean that you have to put up with discrimination, demotion, or wrongful

dismissal simply because of your medical condition. As someone with epilepsy,

you are entitled to the same basic human rights as someone without.

KNOW YOUR RIGHTS Workplace:Epilepsy

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* The survey was funded by UCB Canada Inc.

5

NEWSROOM

E-Action.ca

On Tuesday, March 5th, 2013 the Provincial Government announced that funding for the Ontario Brain Institute (OBI) would be renewed for at least five more years. The OBI was established in 2010 as a not-for-profit research organization devoted to improving the lives of individuals afflicted with brain disorders, including epilepsy.

TheannouncementisgoodnewsforthoseafflictedwithepilepsysinceitmeansthatEpLink—theEpilepsyResearchProgramfoundedbytheOBI—willalsocontinueitswork.Co-directedbyDr.JorgeBurneoinLondonandDr.McIntyreBurnhaminToronto,EpLinkisauniqueandcomprehensiveprograminvolvingthecollaborationofover25researchers,fivepharmaceuticalindustrypartners,andfivenon-profitadvocacygroups.

TheresearchEpLinkconductscoversvirtuallyeveryareaofepilepsycare,andisdividedinsix‘themes’:epilepsy

diagnosisandepidemiology(thestudyofpatterns,causesandeffectsofepilepsyinagivenpopulation),pharmacologicaltreatmentofseizures,non-pharmacologicaltreatmentofseizures,imagingforsurgery,surgeryandbrainstimulation,andgeneticsandepigenetics.

TogiveanideaofthekindofresearchEpLinkdoes,someexamplesinclude:

•AstudytodeterminewhetheramorepowerfulMRIcanhelpidentifystructuralabnormalitiesinthebrainthatcanleadtoepilepsy;

•Thedevelopmentofcomputerizedsystemstodetectseizureonsetandtosuppressseizureswithbrainstimulation.

AlthoughtheOBIisbasedinOntario,ultimatelyallCanadiansbenefitfromtheresearchitdoes.What’smore,it’shopedthatoneday,institutionssimilarinnaturetotheOBIwillbeimplementedinotherprovincesacrossCanada.

ThankstoinitiativeslikeEpLink,thefutureislookingbrighterforeveryonewithepilepsy.

FOR CUTTING-EDGE EPILEPSY RESEARCH

More FundingMore fundingsecuredsecured

EPILEPSY IN THE WORKPLACE

4 Taking Action Against Epilepsy™

Constructive DismissalSometimes an employer might not dismiss an employee outright, but may instead fundamentally change the terms and conditions of their employment. This is called constructive dismissal. Examples are a cut in pay or a geographic transfer that would force the employee to relocate. If you feel this situation applies to you, it is important to state clearly to your employer that you object to the change. Otherwise, a complaint may not stand up in court.

Do you think you’re being discriminated against? If you feel you’re being treated differently because of your epilepsy, don’t be afraid to speak up. Start by talking directly to your employer. If the problem persists, contact your Human Resources (HR) department (if your company has one). HR professionals are trained to mediate and can often resolve workplace issues before they escalate.

If you have exhausted your internal resources with little or no success, Stefanik suggests filing your complaint with your province’s Human Rights Tribunal. Once this is done, your employer will then be served with that complaint and be given a chance to respond.

If you feel you are being treated unfairly at work because of your epilepsy, and have exhausted your workplace’s internal resources, contact your province or territory’s Human Rights Tribunal:

Take Action against Workplace Discrimination

British Columbia Human Rights Tribunal www.bchrt.gov.bc.ca/

Alberta Human Rights Commission www.albertahumanrights.ab.ca/

Saskatchewan Human Rights Commission www.saskatchewanhumanrights.ca/

Manitoba Human Rights Commission www.manitobahumanrights.ca/

Ontario Human Rights Tribunal www.hrto.ca/

Quebec Human Rights Tribunal www.tribunaux.qc.ca/mjq_en/TDP/index-tdp.html

New Brunswick Human Rights Commission www.gnb.ca/hrc-cdp/index-e.asp

Nova Scotia Human Rights Commission humanrights.gov.ns.ca/

Prince Edward Island Human Rights Commission www.gov.pe.ca/humanrights/

Newfoundland and Labrador Human Rights Commission www.justice.gov.nl.ca/hrc/

Yukon Human Rights Commission www.yhrc.yk.ca/

Northwest Territories Human Rights Commission www.nwthumanrights.ca/

Nunavut Human Rights Tribunal www.nhrt.ca/english/

Anna’s Story

After a successful surgery to treat her epilepsy, Anna’s doctor told her she could start working again. However, she advised her to take it easy at first, and work up to full-time.

When much time had passed and Anna still hadn’t received the ‘green light’ from her employer to come back to work, she called her union. With their help, she started working again. But upon her return, she was confronted with a closed-minded attitude both from her colleagues and her employer. She was shocked and hurt at the lack of understanding, especially given the fact that this was at a rehabilitation healthcare centre. Ultimately, Anna’s employer refused to accommodate her very slight limitations. Tired of constantly battling the negative mindset, she quit.

Needless to say, Anna was very hurt by the whole experience. Her story shows us how far we have yet to go to make the workplace a level playing field for all employees, regardless of their disabilities.